Showing : 61-70 of 427 Results

UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 373, 34, Evidence Act, 1872, Section 114-- Buying of minor for prostitution - Non-examination of material witnesses - Adverse inference - In the instant case, PW2 & 3 who were material witnesses did not support the prosecution story and declared hostile - Even, other material witnesses were not examined though they were readily available..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Adverse inference - Will - Genuineness of Will has to be established by plaintiff - Merely because defendant has not given oral evidence to this regard, adverse inference cannot be inferred against him - Plaintiff cannot take advantage of the same...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Presumption - In order to presume a valid marriage it should be shown that parties were treated as husband and wife by the Society - In the absence of such evidence, it is rather difficult to presume a marriage, particularly, a second marriage...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Presumption - Best evidence available to prove marriage was by examining 11th defendant as a witness - Plaintiffs having failed to examine 11th defendant as a witness, are guilty of suppression of material evidence and an adverse inference has to be drawn against plaintiffs for their failure to..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 112, 114-- Paternity of child - Second marriage - Conflicting descriptions shown in documents relating to name of father of plaintiffs - Paternity of plaintiffs not proved - Thus, it is unsafe to presume valid marriage by long cohabitation between deceased and mother of plaintiffs in absence of any evidence..........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 114(g)-- Party not appearing as its own witness - Presumption arises that case set up by him is not correct and this gives rise to an adverse inference against him...........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 114(g)-- Best available evidence when not produced - Court can draw an adverse inference...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 101, 102, 114-- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114-- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114, illustration (g) of Evidence Act - But under no..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 114-- Maintenance - Denial of relationship of husband and wife - Son born out of such relationship - Wife moved application for DNA test for determining paternity of son - Husband disagreed for DNA test and opposed the application - Adverse inference drawn against husband - Court below rightly granted..........

Showing : 61-70 of 427 Results